The penalties for entering a restricted area run from a citation and a small fine to as much as 10 years in federal prison. Which end of that range applies depends almost entirely on where you went in: a posted field behind a farmhouse, a military installation, a building the Secret Service is protecting, or restricted airspace all sit under different statutes with different maximum sentences.
Private Property: State Misdemeanor, Sometimes a Felony
Most trespassing cases are prosecuted under state law, not federal law. Every state criminalizes entering or remaining on private property after notice that entry is forbidden. A first offense is almost always a misdemeanor. Fines commonly fall between $500 and $1,000, and the maximum jail exposure is typically up to one year.
Aggravating facts push the charge higher. Entering a dwelling or an occupied building, carrying a weapon while trespassing, or coming back after being warned or arrested can move the offense into a higher-level misdemeanor or a felony, depending on the state. Several states also impose enhanced penalties for trespassing on critical infrastructure such as power plants or rail yards.
Criminal penalties are not the only exposure. A property owner can file a civil suit for damages, including repair costs, lost revenue from disrupted operations, and the legal costs of getting a court order against future entry. A single trespass can produce both a prosecution and a lawsuit.
Military Bases: Up to Six Months Under 18 U.S.C. § 1382
Entering a military, naval, or Coast Guard installation for any purpose prohibited by law or regulation is a federal misdemeanor under 18 U.S.C. § 1382. The statute also covers anyone who re-enters after being ordered to leave. A conviction carries a fine, up to six months in prison, or both.1Office of the Law Revision Counsel. 18 USC 1382 – Entering Military, Naval, or Coast Guard Property
Section 1382 has no built-in felony tier. If a trespasser is armed, however, separate federal weapons statutes can stack additional charges on top of the trespass count.
Secret Service–Protected Areas: Up to 10 Years Under 18 U.S.C. § 1752
A much harsher statute applies to areas protected by the Secret Service. Under 18 U.S.C. § 1752, knowingly entering or remaining in a restricted building or grounds without authority is a federal crime. The statute reaches any posted or cordoned-off area at the White House, the Vice President’s residence, any site a Secret Service protectee is visiting, and any location designated as a special event of national significance.2Office of the Law Revision Counsel. 18 USC 1752 – Restricted Building or Grounds
The base penalty is a fine, up to one year in prison, or both. If the person carries a deadly or dangerous weapon during the offense, or the offense results in significant bodily injury, the maximum climbs to 10 years.2Office of the Law Revision Counsel. 18 USC 1752 – Restricted Building or Grounds This is the statute often confused with the military trespass law. They cover different locations and carry very different exposure.
Getting In by Fraud: 18 U.S.C. § 1036
Using deception to enter any federal property, a secure airport area, or a restricted seaport zone is a separate offense under 18 U.S.C. § 1036. Talking past security with a fake credential or forged authorization carries a base penalty of up to six months. If you entered intending to commit a felony, the maximum rises to 10 years.3Office of the Law Revision Counsel. 18 USC 1036 – Entry by False Pretenses to Any Real Property, Vessel, or Aircraft of the United States or Secure Area of Any Airport or Seaport
Weapons Stack: 18 U.S.C. § 930
Bringing a firearm or other dangerous weapon into a federal facility is its own crime, independent of any trespass charge. Simple possession under 18 U.S.C. § 930 carries up to one year in prison. If the weapon was brought with intent to use it in a crime, the maximum is five years.4Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities Someone who trespasses on federal property while armed can face charges under multiple statutes at once.
Closed Areas in National Parks and Federal Public Lands
National parks, forests, and other federal public lands contain their own restricted zones, including areas closed for wildlife protection, archaeological preservation, or hazard mitigation. Entering a closed area within National Park Service land violates 36 CFR 2.31, which prohibits entering or remaining on property not open to the public without consent.5eCFR. 36 CFR 2.31 – Trespassing, Tampering and Vandalism Penalties for NPS regulation violations are governed by 18 U.S.C. § 1865, as referenced in 36 CFR 1.3.6eCFR. 36 CFR 1.3 – Penalties
These are typically treated as petty offenses, and rangers can issue citations on the spot. Repeat offenders and anyone who damages resources inside a closed area face steeper consequences.
Drones and Restricted Airspace
Flying a drone into restricted airspace is a form of unauthorized entry with its own penalties. The FAA designates Temporary Flight Restrictions over sites such as major sporting events, the White House, military installations, and critical infrastructure. Operating a drone in violation can bring federal charges under 49 U.S.C. § 46307, which carries a fine, up to one year in prison, or both for knowingly or willfully violating airspace regulations.7Office of the Law Revision Counsel. 49 USC 46307 – Violation of National Airspace System
Flying a drone over a restricted building or grounds protected by the Secret Service is separately criminalized under 18 U.S.C. § 1752(a)(5). The penalties mirror the on-foot provisions: up to one year normally, up to 10 years if a dangerous weapon is involved or significant bodily injury results.2Office of the Law Revision Counsel. 18 USC 1752 – Restricted Building or Grounds Agencies can locate both the drone and its operator, so the anonymity recreational pilots sometimes assume does not exist in practice.
Defenses That Can Reduce or Eliminate the Charge
Not every trespass charge sticks. Three defenses come up most often.
Necessity. To succeed, you generally need to show four things: the harm you were avoiding was worse than the trespass, the danger was imminent, trespass was the only reasonable way to avoid it, and you left as soon as the threat passed. Running into a fenced yard to escape a fire or rescue an injured person can qualify. The defense fails if you created the danger, had a legal alternative, or caused significant damage while on the property.
Consent. If the owner or someone authorized to grant access gave you permission, there is no trespass. The hard part is proving it when the permission was oral. Implied consent can apply in limited settings, such as a business open to the public during operating hours or a path the community has used openly for years.
Lack of notice. On private land, if there were no signs, no fencing, no purple paint marks (recognized as the equivalent of a posted sign in more than 20 states), and no one told you to stay out, you may have a real argument that you had no reason to know the area was off-limits. This defense is far weaker on federal property, where perimeter infrastructure and posted boundaries make ignorance hard to claim.
Consequences That Outlast the Sentence
The fine and the jail time are only part of what a conviction costs. A misdemeanor trespass shows up on background checks and can complicate job applications, especially for roles that touch secure facilities or sensitive information. A felony conviction is substantially worse; most employers who run background checks treat any felony as a serious concern.
For anyone who holds or needs a federal security clearance, a trespassing conviction is a specific problem. Investigators view someone convicted of entering a restricted area as a potential risk for unauthorized access in a cleared role. A conviction is not an automatic disqualifier, but it adds a hurdle to adjudication that is difficult to clear when combined with other negative factors.
Non-citizens face additional exposure. A simple misdemeanor trespass alone is unlikely to trigger deportation, but a felony trespass or a trespass tied to other criminal conduct can affect immigration status, visa renewals, and naturalization. Anyone in that situation should consult an immigration attorney before entering a plea.